HomeMy WebLinkAbout841260.tiff AR200S390 RESOLUTION
RE: AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE
OF EASEMENT -- BASELINE INVESTMENT COMPANY.
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado Statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners deems it in the best interests
of Weld County to purchase a certain parcel of land between State Highway 7
and Weld County Road #6, and
WHEREAS, Baseline Investment Company is the owner of said property, and
WHEREAS, it is in the best interests of Weld County to make an offer to
purchase, in lieu of condemnation proceedings, according to the terms and
conditions as set forth in the agreement, a copy of which is attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County that the agreement for Sale and Purchase of Right-of-way and for
Payment for Use of Easement with Baseline Investment Company be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote on the 21st day of March, A.D. , 1984.
f `1 -¢- ' BOARD OF COUNTY COMMISSIONERS
ATTEST I: c.: �<�. ::. i ri.-;;s.;C•O- qt/
WELD COUNTY, COLORADO
1/1
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
BY: ('6 . '^1t AIL_ -2OceA-4 Ja 1 e Johnso , ro Tem
Deputy County Clerk
Approved as to form: _ Gene Brantner
(V �✓•�c` --' 2 �i���-- Chuck Carlso
°apt County Attorne
J Y
Martin
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F 0188 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
i
e.3,710 �� 841260
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F 0189 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
VACANT LAND
AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY
AND FOR PAYMENT FOR USE OF EASEMENT
d
HIS AGREEMENT, made at Greeley, Colorado, this "0..3 day of
, 19 $y , between WELD COUNTY,
COL RADO, hereinafter "Purchaser" , and BASELINE INVESTMENT
COMPANY, hereinafter Seller.
WITNESSETH:
That in consideration for the payment by the Purchaser to
Seller of good and valuable consideration, Seller agrees to allow
Purchaser to use the easement for the construction of Weld County
Road 5 as shown in Exhibit "A, " as construction easement,
attached hereto and incorporated herein by reference, hereinafter
referred to as the "easement. " The term of the easement shall be
for one year from the date of execution of this agreement.
Easement shall be renewable under the same terms and conditions
as set forth herein upon the mutual consent of the parties
herein.
WITNESSETH:
That in consideration of the payment by the Purchaser to
Seller of the sum of $4 ,000 . 00 , in cash, and other good and
valuable consideration, Seller agrees to sell to the Purchaser
and the Purchaser agrees to purchase from Seller the right-of-way
described in Exhibit "A, " attached hereto and incorporated herein
by reference, hereinafter referred to as the "right-of-way"
according to the terms and conditions set forth herein.
The agreement of sale and purchase of right-of-way is
subject to the following conditions:
1 . Seller shall furnish to Purchaser a warranty deed con-
veying only the surface rights of the right-of-way. Title
insurance need not be provided by Seller except as provided in
paragraph 5.
2 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraphs 5 and 6 . Subject to payment
or tender as above provided and compliance by Purchaser with the
other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient general warranty deed to Purchaser
on April 10 , 1984 , or, by mutual agreement, at an earlier date,
conveying the property free and clear of all taxes, except
general taxes for 1984 , payable January 1 , 1985 , and free and
clear of all liens for special improvements installed as of the
Page 1 of 4 Pages
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F 0190 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
date of Purchaser' s signature hereon, whether assessed or not;
free and clear of all liens and encumbrances, and except the
recorded and/or apparent easements and subject to building and
zoning regulations.
3 . General taxes for the year 1984 shall be apportioned to
date of delivery of deed based on the most recent levy and the
most recent assessment.
4 . The date of closing shall be the date of delivery of
deed as provided in paragraph 2 . The hour and place of closing
shall be as designated by Purchaser.
5 . Except as stated in paragraph 2 and this paragraph, if
title is not merchantable and written notice of defect (s) is
given by Purchaser or Purchaser' s agent to Seller or Seller' s
agent on or before date of closing, Seller shall use reasonable
effort to correct said defect (s) prior to date of closing. If
Seller is unable to correct said defect (s) on or before date of
closing, at Seller' s option and upon written notice to Purchaser
or Purchaser' s agent on or before date of closing, the date of
closing shall be extended thirty (30) days for the purpose of
correcting said defect (s) . Except as stated in paragraph 2 , if
title is not rendered merchantable as provided in this paragraph
5 , at Purchaser ' s option, this contract shall be void and of no
effect and each party hereto shall be released from all obliga-
tions hereunder and all payments and things of value received
hereunder shall be returned to Purchaser provided, however, that
in lieu of correcting such defect (s) , Seller may, within said
thirty (30) days, obtain a commitment for owner' s title insurance
policy in the amount of the purchase price reflecting title
insurance protection in regard to such defect (s) , and the Pur-
chaser shall have the option of accepting the then existing
insured title in lieu of such merchantable title. The Seller
shall pay the full premium for such owner' s title insurance
policy.
6 . The Seller agrees to release the Purchaser from all
consequential damages except damages caused by the negligent or
willful misconduct of the Purchaser or its employees , present or
prospective, to the remainder of Seller' s property arising out of
the construction, maintenance, or repair of Weld County Road 5 .
7. Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
hereunder is not paid, honored or tendered when due, or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all
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F 0191 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
payments and things of value received hereunder shall be
returned to Purchaser and Purchaser may recover such damages
as may be proper, or (2) Purchaser may elect to treat this
contract as being in full force and effect and Purchaser
shall have the right to an action for specific performance
or damages, or both.
(b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
treat this contract as terminated, in which case all pay-
ments and things of value received hereunder shall be
forfeited and retained on behalf of Seller and Seller may
recover such damages as may be proper, or (2) Seller may
elect to treat this contract as being in full force and
effect and Seller shall have the right to an action for
specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the
event of any litigation arising out of this contract, the
court may award to the prevailing party all reasonable costs
and expenses, including attorneys ' fees.
8 . Following the date of closing, if construction of Weld
County Road 5 affects any of the Seller' s existing fences, the
fences will be moved and restored to the current conditions and
fencing will be constructed along the road where it does not
currently exist according to the specifications set forth in the
resolution authorizing Weld County Local Improvement District
#1984-1 .
9 . Possession of the property shall be delivered to
Purchaser upon closing and shall not be subject to any leases or
tenancies.
10 . Purchaser agrees that the remainder of Seller' s
property located generally in the Northwest corner of Section 33 ,
Township 1 North, Range 68 West of the 6th Principal Meridian,
Weld County, Colorado, shall not be subject to special
assessments as a property specially benefitted under Local
Improvement District #1984-1 .
11 . Purchaser agrees that no restriction, other than those
imposed by State law or duly enacted rules or regulations of Weld
County, shall be imposed upon Seller' s right to access to a
completed Weld County Road 5 from the remainder of his property
described in paragraph 10 herein.
If this proposal is accepted by Seller in writing and
purchaser receives notice of such acceptance on or before March
28 , 1984 , this instrument shall become a contract between Seller,
and Purchaser and shall inure to the benefit of the heirs ,
successors , and assigns of such parties. Purchaser possesses
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F 0192 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
authority pursuant to State statute to condemn the subject
property for the construction of a public road and this proposal
is made in lieu of exercise of this power of condemnation.
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 21st day of March , 1984
ATTEST: 7e,,t,ujyQ / BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County hek and Recorder
and \ 1 _ li•-F�s -�Clerk to the Board) /1-1g.--/-n,-„_
Chairman for Purchaser
BYE 4u7t
y C erk
(The following section to be completed by Seller. )
Seller accepts the above proposal this d. of /;� %'
, 19 Sy
By
By:
By: t��►>
SUBSCRIBED AND SWORN to before me this day of 7
, 19 '?Z
WITNESS my hand and official seal. �op� en ..
.m
Nikincitt
3 , 1
Notary Public / 4s. -($4150
.C Lrzpati
My commission expires: /, / 2
Page 4 of 4 Pages
EXHIBIT A
M
NW CORNER SEC . 33-1-68
40' \I
75' X 75'
CONSTRUCTION
EASEMENT
r
_I - (NO SCALE)
I
I N 1/2 NW 1/4
I
I
I
+I
0
oo
cn
BASELINE INVESTMENT CO .
I
POOLE $ COMPANY
2201 KIPLING ST .
1/16 CORNER -• - 4----
LAKEWOOD) COLORADO 80215
I
I
N 1/2 S 1/2 NW 1/4
CONSTRUCTION
41 O14I EASEMENT VI 4U` OF THE N 1/2 OF THE
NW 1/4 AND THE W 40' OF THE
N 1/2 S 1/2 OF THE NW 1/4
SEC . 33-1-68, LESS EXISTING
RIGHTS-OF-WAY .
ap
u AREA = 1 .82± ACRES
Up
1/4 CORNER PREPARED BY :
L N ENGINEERS
GREELEY NATIONAL PLAZA
822 7TH STREET GREELEY.COLORADO 80631
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F 0193 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1 •
o'clock M, on Book Page
AR2014677
- Recorder
Ilium* Teed, _ D
THIS DEED is a conveyance of the rear property described below, including any improvements and other
appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies)
named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to
the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE
will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations
and exceptions (4)any outstanding mineral interests shown of record(5)any protective covenants and restric-
tions shown of record, and (6) any additional matters shown below under"Additional Warranty Exceptions".
The specific terms of this deed are:
GRANTOR: (Give name(s)and place(%)of residence: if the spouse of the owner-grantor is joining in this Deed to release homestead rights.
identify grantors as husband and wife.)
Baseline Investment Company, a co—parLuership of Jefferson
0 o County, Colorado.
O
r-t Q GRANTEE: (Give names)and address(es); statement of address, including available road or street number, is required.)
o County of Weld, State of Colorado
m 915 Tenth Street
o I-4
Greeley, Colorado 80631
•
0 g:4
FORM OF CO-OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless
L] the words"in joint tenancy"or words of the same meaning are added in the space below.)
W
O
O
W
N a PROPERTY DESCRIPTION: (Include county and state The West 40 feet of the North Half
M of the Northwest Quarter and the West 40 feet of the North Half
r-' • of the South Half of the Northwest Quarter of Section 33, Township
r+ x
(24 w 1 North, Range 68 West of the 6th Principal Meridian, Weld County,
on m w Colorado.
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CONSIDERATION: (The statement of a dollar amount is optional; adequate consideration for This deed will be presumed unless this
O ' conveyance is identified as a gill; in any case this conveyance is absolute, final and unconditional )
o z FOUR, THOUSAND DOLLARDS ($4, 000. 00) and other good and valuable
consideration
P'. RESERVATIONS-RESTRICTIONS: (It the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or
if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication.)
I-"ct' tn Grantor reserves to its heirs and assigns, all right, title and
-- 0
O o interest in the mineral estate.
pa ry
ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.)
And excepting all apparent easements.
•
•
/J t/ 6.27
�-'" ,S [�o.p c�1p c
p— ue -
Signed on 'c (Yee- tO , 1953 `7�/ < ,G%J/,Y �/�,:�lJ
Attest: • Grantor
o=. ,4A' IlitA 111 / °'11477//r44.
Grantor
a- C 1.E 'RSON Grantor
hp oregyi g+it vgment was acknowledged before me this 6th day of June 19 85
, ushy :tbs T a. GOOLE -.—
;NESS m 4C8 and official seal.
Q t1ilwist otr$xpires: 10/19/85 _ >v i°`�'. „-----7.>< = r�
.... , rsoto' otarf)sl life •
STATE � F .
COUNTY OF ) ss.
• The foregoing instrument was acknowledged before me this day of , 19
by
WITNESS my hand-and official seal.
My commission expires: •
Notary Public
_____
v 1977 UPDATE LEGAL FORMS (^ �1) NO. 20t
P.O. BOX 1615, GREELEY:,9QL0RADD 80632 \ �/�
- ,—
SETTLEMENT STATEMENT
SELLER: Baseline Investment Company
BUYER: Weld County, Colorado
PROPERTY: The West 40 feet of the North Half of the Northwest Quarter and
the West 40 feet of the North Half of the South Half of the Northwest Quarter of Section
33`Township 1 North, Range 68 West of the 6th Principle Meridian, Weld County, Colorado
SETTLEMENT DATE: April 10, 1984
CLOSING DATE: April 10 , 1984
DUE SELLER:
NO Selling Price $ 4 , 000 .00 _
o U TOTAL DUE SELLER $ 4 , 000 . 00
0
N
0 CREDIT PURCHASER:
a
o 0 3 Down payment $ 4 , 000 . 00
• First Deed of Trust
m w assumed by Purchaser -0-
2 Seller' s share of 198
o taxes, due and payable
in 198 , based on
N x 198 taxes of $ -0-
en
� x
TOTAL PURCHASER CREDITS $ 4 ,000 . 00
Ln a
°0V BALANCE DUE SELLER $ -0-
� Z
N H
a
o y
NOTE 1 : The following closing costs to be paid by Buyer:
r W Documentary Fee
�o w $ Exempt X39-13-102 , CRS
Record Warranty Deed Exempt X30-1-103, CRS
o z Record Assumption Agreement N/A
Assumption Fee N/A
Owner' s Title Insurance
wx premium N/A
Tax Certificate N/A
W
0 CO APPROVED AS final statement this 1p day of� A
ea 44 19 gS
� '�/ ��' / / may-" �/S7�5
Sel err /ft. B y
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